Monday, June 04, 2007

Leave the Hearing Officer Alone!

The Second Circuit has held that a district court should not overturn the decision of a hearing officer if the decision is reasoned and supported by the record. The decision in Gagliardo v. Arlington Central School District can be found here.

Section 1983 and IDEA

The Third Circuit has ruled (en banc) in A.W. v. Jersey City Public Schools that a litigant may not bring a section 1983 to redress rights under IDEA. This case overrules W.B. v. Matula, which held to the contrary.

The decision can be found here.

A little late

Sorry for being late on reporting the Supreme Court's ruling in Winkelman v. Parma City School District. The Court held that parents could represent their children in federal actions brought under the Individuals with Disabilities Education Act, or rather, they could appear pro se to vindicate their own rights which are coextensive with those of their children. Justices Scalia and Thomas concurred in part and dissented in part. I had read the transcript of the oral argument and had believed that the view expressed by Justice Scalia would prevail (allowing parents only to appear without a lawyer to enforce claims for reimbursement of expenses owed them under IDEA or to enforce procedural rights, but not to litigate issues as to whether FAPE is being provided). But I was wrong. Chief Justice Roberts and Justice Alito went with the majority. The decision was written by Justice Kennedy.

The decision can be found here.